(A) Enforcement generally.
(1) In addition to other enforcement and sanction provisions hereunder, violators may be punishable by immediate banishment from all or specified properties. Department and/or county law enforcement officials may banish violators a minimum of 30 days and up to five years on their first or multiple offenses dependent on the severity of the offense. Department officials may consider banishment exceeding five years and no less than ten years dependent on the severity of the offense. Department officials shall present any banishment consideration exceeding five and no less than ten years to the Recreation and Parks Advisory Board for approval. Thereafter, any permanent banishment more than ten years or such time deemed appropriate, shall be at the discretion and approval of the Board of Commissioners. The Department Director and/or designee (including without limitation, department officials and county enforcement authorities) are empowered to invoke and enforce this banishment. An effort will be made to send a certified letter to anyone banned from the facilities advising them of why they were banned, how long the suspension is, what facilities are affected, and what will happen if they don't abide by the ban.
(2) County law enforcement authorities shall have the duty and responsibility to enforce this chapter and shall be empowered to issue citations for violations as set forth herein when in their judgment, any provisions have been violated. Department personnel shall have the duty and responsibility to enforce this chapter and shall be empowered to notify county law enforcement when in their judgment, any provisions have been violated.
(3) In addition to the enforcement and sanction provisions of this chapter, department personnel authorized by the Board of Commissioners as well as county law enforcement authorities shall have all enforcement and sanction provisions available to them pursuant to the North Carolina General Statutes. This authority shall include without limitation, assessment of any state and/or county fines and penalties applicable to any ordinance citation. Each person receiving a citation must, within 30 calendar days of its issuance, pay as a penalty and in full satisfaction of the fine, the total monetary sum set forth in the citation. However, in the event the fine is paid within 14 calendar days of issuance of the citation, the county will accept one-half of the full fine amount as full and complete satisfaction of the fine. Payment of the fine does not relieve the recipient of the citation from compliance with any other requirements set forth in the citation. Notwithstanding any other term or condition herein, failure of such person to render payment of the full amount of the fine within 30 days of the issuance of the citation, may render such person subject to collection proceedings and/or punishment for a civil offense or misdemeanor, as set forth herein and in the North Carolina General Statutes. Violation fines and penalties may be revised from time to time by the Board of Commissioners and shall be deemed incorporated herein as they may be amended from time to time.
(4) Prior to any banishment enforcement by Department personnel or county law enforcement or any imposition of a fine or penalty as set forth above in division (A)(3) above, any individual may make a written request for a hearing to the Recreation and Parks Director or the County Manager. Said request shall be given no more than seven days receiving the recommendation of banishment and/or fines or penalty from the Department.
(B) Prohibition of sex offenders.
(1) Enforcement. Duly sworn law enforcement officers with jurisdiction within the county parks and recreation facilities shall have the duty to enforce §§ 95.085 to 95.088. Recreation and parks staff shall take such actions as are necessary for the enforcement of §§ 95.085 to 95.088 without detaining that are consistent with county ordinances and state law.
(2) Detaining a subject. A law enforcement officer may detain a person within a county recreation or park facility under §§ 95.085 to 95.088 for a reasonable amount of time to inquire about that person's status as a registered sex offender if the officer reasonably believes, or has probable cause to believe, that the person is a registered sex offender who is in violation of §§ 95.085 to 95.088 or has committed a crime for which the person, if convicted, could be required to register as a sex offender. Nothing in this division (B) shall limit a law enforcement officer from running any background check that is currently permissible under the law.
(Ord. passed 10-3-2016; Ord. passed 1-6-2020; Ord. passed 1-10-2022; Ord. passed 2-5-2024)